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BAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF JULY 15, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Reverend Rick Prevost, Fellowship Baptist Church.
3. PLEDGE OF ALLEGIANCE by Cindy Ramos, 5th Grade Student at Wayside Elementary
School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
(10 min) a. Metropolitan Bakersfield Habitat Conservation Plan Renewal Process. (Presentation by
Jim Movius, Planning Director)
(15 min) b. Final Submission for the National Recreation and Park Association Gold Medal
Award. (Presentation by Dianne Hoover, Recreation and Parks Director)
6. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque and gift certificate to Robert
M. Sherfy.
b. Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his
beautification efforts in downtown Bakersfield.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 24, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from June 12, 2009 to June 30, 2009 in the
amount of $24,829,874.04 and self-insurance payments from June 12, 2009 to June
30, 2009 in the amount of $310,013.13.
Ordinances:
Resolutions:
(ward 2) c. Sale of Real Property:
1. Resolution declaring real property located at 510 19th Street surplus to the
needs of the City.
2. Agreement with the United States of America to donate real property located
at 510 19th Street for a Federal Courthouse.
8. CONSENT CALENDAR continued
d. Resolution authorizing the Police Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($202,108) from the U. S. Department of Justice.
(Ward 4) e. Resolution of Intention No. 1639 to add territory, Area 1-87 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
(Ward 2) f. Resolution of Intention No. 1640 to add territory, Area 4-92 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Agreements:
(Ward 1) g. Ground Lease Agreement with Gordon Dole ($40 per month) for purposes of
constructing an aircraft storage hangar at the Bakersfield Municipal Airport.
h. Agreement with CompuCom Systems, Inc. ($225,000) to provide Microsoft Licenses
for 1029 City computers for five years.
i. Amendment No. 1 to Agreement No. CA08-020 with Hogan Guiney Dick LLP (not to
exceed $60,000) for outside legal services in the matter of Citizens for Responsible
Growth, etc., et al v City, et al. KCSC Case No. S-1500-CV-264869.
(Ward 2) j. Agreement with Plains Pipeline LLC ($1,400,000) for the relocation of oil facilities for
the Westside Parkway Phase II Project. (TRIP)
k. Amendment No. 1 to Agreement No. 08-015 with Redflex Traffic Systems, Inc. for
photo red light enforcement program.
(Ward 3) I. Amendment No. 2 to Agreement No. 07-366 with Moore lacofano Golstman, Inc.
($17,155; total not to exceed $456,025) for assistance in re-bidding the Mesa Marin
Sports Complex Project.
M. Amendment No. 1 to Agreement No. 08-114 with Duane Morris, LLP (not to exceed
$300,000) for outside legal services concerning State Water Resources Control Board,
Reference No. KMB:A31674.
n. Amendment No. 1 to Agreement No. 09-009 with Aleshire & Wynder, LLP ($60,000;
total not to exceed $140,000) for outside legal services for redevelopment and/or
other miscellaneous matters as directed by the City Attorney.
(Ward 1) o. Amendment No. 1 to Agreement No. 08-123 with AmCal Santa Fee Fund, L.P. for the
construction and development of approximately 3,000 square feet of
commercial/retail space and 55 affordable multi-family units at 701 Union Avenue -
Santa Fe Apartments to extend performance dates.
P. Annual Contracts for auctioneer services:
1. Amendment No. 2 to Agreement No. 07-228 with Tri-State Auction Systems,
Inc. (extending term to July 17, 2010) for auctioneer services.
2. Amendment No. 2 to Agreement No. 07-229 with Quality Team, Inc.
(extending term to July 17, 2010) for auctioneer services.
2 City Council Meeting of 07/15/2009
8. CONSENT CALENDAR continued
q. Amendment No. 3 to Agreement No. 06-219 with Ameripride Uniform Services
(extending term for one (1) year) for industrial laundry services.
r. Amendment No. 2 to Agreement No. 07-230 with Ferguson Enterprises ($80,000; total
not to exceed $240,000 and extending tem for one (1) year) for fire hydrants and
hydrant repair parts.
S. MaintStar Work Order System:
1. Amendment No. 1 to Agreement No. 07-290 with MaintStar, Inc. ($52,000; total
not to exceed $429,500) for the development conversion of data for General
Services and Street Divisions.
2. Transfer $52,000 from a budgeted Public Works Department Capital
Improvement Project (Remove High Voltage Circuitry) to the Capital
Improvement Budget within the Capital Outlay Fund to fund the amendment.
(Ward 3) t. Contract Change Order Nos. 23, 25, 29, 55 and 56 to Agreement No. 07-304 with
Security Paving Construction ($103,461.25; revised not to exceed $30,115,713.17) for
the State Route 178 and Fairfax Road Interchange Project. (TRIP)
(Ward 6) U. Contract Change Order No. 1 to Agreement No. 09-065 with Kern Pacific
Construction Co. ($142,000; revised not to exceed $819,395) for the Sewer
Improvement Project on McCutchen Road from Wastewater Treatment Plant No. 3
to Ashe Road and from Ashe Road, 450' north of McKee Road to McCutchen Road.
(Ward 2,3,4) v. Contract Change Order Nos. 3 and 4 to Agreement No. 08-126 with Floyd Johnston
Construction Co. ($43,440.30 and $17,232 respectively; revised not to exceed
$711,936.30) for the Coffee Road Waterline Project.
Bids:
(Ward 2) w. Accept bid and award contract to H & H Engineering Construction, Inc. (not to
exceed $100,000 in a four (4) year period) for Bakersfield Amtrak Railroad
maintenance and repair.
X. Reject all bids for voice communication system for the City.
Miscellaneous:
Y. Acceptance of 2007-08 Transportation Development Act Funds Financial
Statements.
Z. Appropriate $16,000 developer contributions to the Economic & Community
Development budget within the Capital Outlay Fund for professional consultant
services in the preparation of a Section 108 Loan application for Economic
Development.
Staff recommends adoption of Consent Calendar items a through z.
9. CLOSED SESSION
10. CLOSED SESSION ACTION
3 City Council Meeting of 07/15/2009
11. CONSENT CALENDAR HEARINGS
(Ward 2) a. Public Hearing to consider Resolution ordering the summary vacation of any and all
street right of way for 20th, S and T Streets, and all alleys bounded by the south right
of way of 21 St Street, the north right of way of 19th Street, the east right of way of R
Street and the east property line for the proposed Federal Building parcel. (Staff
recommends adoption of resolution.)
(Ward 2) b. Public Hearing to consider Resolution ordering the vacation of a portion of 14th, 13th
and R Streets and alley west of R Street. (Staff recommends adoption of resolution.)
(Ward 2) c. Public Hearing to consider the following documents regarding the U. S. Department
of Housing and Urban Development (HUD) Section 108 Loan ($1,800,000) to provide
furniture, fixtures and equipment for the Padre Hotel located at 1813 H Street. (Staff
recommends adoption of resolution and agreement, authorize minor mod cation to the
application and authorize execution of all necessary HUD loan agreements and documents):
1. Resolution authorizing the submission of a Section 108 Loan Guarantee
application ($1,800,000) to HUD to provide funds for furnishings, fixtures and
equipment for the Padre Hotel.
2. Sub-recipient Agreement with Padre Hotel, L.P. for the repayment of
$1,800,000 Section 108 Loan Guarantee repaid over 7 years.
12. HEARINGS
13. REPORTS
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
#W~ ~
Alan Tandy
City Manager
07/8/09 1:00pm
4 City Council Meeting of 07/15/2009
AGENDA HIGHLIGHTS
July 15, 2009 COUNCIL MEETING
x k
REGULAR MEETING - 5:15 p.m.
"There will be no CLOSED SESSION therefore dinner will not be provided"
WORKSHOPS
Planning Director Jim Movius will be providing a presentation regarding the renewal process for
the Metropolitan Bakersfield Habitat Conservation Plan. This will be followed by a presentation
from Recreation and Parks Director Dianne Hoover regarding the National Recreation and Park
Association Gold Medal Award.
CONSENT CALENDAR
Resolutions
Item 8c. Sale of Real Property to the United States of America for a Federal Courthouse. For the
past three years the City has been working cooperatively with the General Services
Administration (GSA) to site a federal courthouse In downtown Bakersfield. It was ultimately
determined that it was necessary for the City to donate a site to facilitate the construction of
the new courthouse. The site chosen was the portion of Central Park east of the Kern Island
Canal, which is approximately 2.5 acres in size. This Item Includes a Resolution declaring this
property surplus to the needs of the City and an Agreement by which the City will donate this
land to the United States of America for the federal courthouse project. The GSA will be paying
all closing costs and construction of the project will begin no later than December 31, 2010.
Item 8d. Resolution Authorizing the Police Department to Apply for the Edward Byrne Memorial
Justice Assistance Grant from the U.S. Department of Justice in the amount of $202,108. The
Edward Byrne Memorial Justice Assistance Grant Program (JAG) is the primary provider of
federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system. JAG grants have a term of four years and do not
require any local matching funds. The Police Department plans to submit for funding for
equipment to support specific Administrative, Operational and Investigative functions of the
Police Department.
Aareements
item 8h. Agreement with ComouCom Systems Inc. to Provide Microsoft Licenses for 1029 City
Computers for Five Years in the amount of $225,000. On August 18, 2004, the Council approved
a five-year Enterprise Agreement with Microsoft Corporation that allows the City to install the
latest version of Microsoft products on City computers. This new Agreement will renew the
original Enterprise Agreement for another five-year term. The City only pays for those licenses
being utilized during the year.
Item 8J. Agreement with Plains Pipeline LLC for the Relocation of Oil Facilities for the Westside
Parkway Phase II Protect in the amount of $1,400,000. Plains Pipeline owns two oil lines that are
in conflict with the construction of the Westside Parkway Phase II Project (Phase II). These
pipelines must be relocated to facilitate the construction activities of Phase ii, scheduled to
begin In September of this year. This Agreement will facilitate the relocation of these facilities,
which Is the responsibility of the City of Bakersfield. STIP funds allocated for the Westside
Parkway for this purpose will be utilized as the funding source for this Agreement.
Item 8m. Amendment to an Aareement with Duane Morris LLP for Outside Leaal Services
Concerning State Water Resources Control Board Reference No KMB' A31674 In the amount of
$150,000 and not to exceed $300,000. This Amendment with Duane Morris is to cover the off-
shoot of the City's victory in the First Point litigation, These additional funds will allow Duane
Morris, LLP to continue Its representation of the City as we make our case before the State
Water Resources Control Board. This case Involves the City's position that there is
unappropriated water and that it should remain in the Kern River.
Item 8t. Contract Change Orders to an Agreement with Security Paving Construction for the
State Route 178 and Fairfax Road Interchange Prolect. This Item Includes several change orders
for various work related to the SR-178 and Fairfax Road Interchange project. These changes
Include items that required additional materials, engineering services and additional work that
was not included in the original plans for the project. Adequate state/federal funds have been
previously budgeted to cover these additional costs.
Item 8u. Contract Chanae Order to and Aareement with Kern Pacific Construction Co. for the
Sewer Improvement Prolect on McCutchen Road form Wastewater Treatment Plant No. 3 to
Ashe Road and From Ashe Road to. 450' north of McKee Road to McCutchen Road. This
project provides for the installation of a 36 Inch trunk sewer line on McCutchen Road and on
Ashe Road in the vicinity of Wastewater Treatment Plant No. 3. This change order applies to
work that needs to be done to facilitate the startup of the new headworks at Plant No. 3. This
Includes the Installation of some trunk sewer pipe and manhole facilities and for the
abandonment of the existing trunk sewer line which will no longer be in service.
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Item 8x. Reject All Bids for Voice Communication System for the City. On July 3, 2008 the City
Issued a RFSQ for a voice communication system and selected four reseliers to receive copies of
the RFP, which was Issued on September 16, 2008. After evaluation of technical merit, and
finalizing cost proposals, this Item was brought before Council to award a contract on May 6,
2009 and was subsequently postponed. Due to current economic conditions and budgetary
concerns, the City is no longer moving forward with this purchase at this time. However,
replacement of the phone system is still recommended due to Its age and potential for failure.
When conditions permit, staff will again proceed with this effort.
Approved:
Rhonda Smiley, Assistant to the City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - July 15, 2009 Council Meeting
Page 2
° ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Workshop
ITEM: 5.a,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD (l~~Ag'r-WA
DATE: July 6, 2009 CITY ATTORNEY yr,
CITY MANAGER .465
SUBJECT: Workshop on the need for a new Habitat Conservation Plan (HCP) for metropolitan
Bakersfield.
RECOMMENDATION:
No recommendation.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Workshop
ITEM: 5 b
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director DEPARTMENT HEAD a~
Recreation & Parks Department
DATE: July 7, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: City of Bakersfield Department of Recreation and Parks final submission for the National
Recreation and Park Association Gold Medal Award.
RECOMMENDATION:
Staff will present the Gold Medal video to the Mayor and City Council.
BACKGROUND:
The Department of Recreation and Parks has been selected as a Class I finalist for the 2009 National
Gold Medal Award for Excellence in Park and Recreation Management Program.
As one of the four finalists in each category, the Department is required to submit a 12 minute video
describing programs, facilities and best practices of the agency. The video was created entirely by city
staff and the narration was donated by Sylvia Cariker (Casey McBride) of KUZZ radio. The video was
submitted to the awards committee on July 1, 2009.
The Gold Medal Award will be presented to the best agency from the four finalists in each category, at the
opening session of the National Recreation and Park Association conference in Salt Lake City, Utah on
October 14, 2009.
July 7, 2009, 9:17AM:mva
& ADMINISTRATION DIVISION/Admin Rpts/2009 Admins/Gold Medal Award Film
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Presentations
ITEM: (Q r 0,
TO: Honorable Mayor and City Council PPROVED
NFROM: Javier Lozano, Human Resources Manager EPARTMENT HEAD
DATE: May 13, 2009 CITY ATTORNEY
CITY MANAGER P-5
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Robert M. Sherfy.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Robert (Bob) Sherfy Deputy City Attorney with 28 years of service to the City of Bakersfield.
PARETIREMENT PERS MISCELLANEOUS\Sherfy Plaque Presentation July 15 2009.doc 5/13/2009
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MEETING DATE: July 15, 2009 AGENDA SECTION: Presentations
ITEM: (p
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA ~1h !t
DATE: July 1, 2009 CITY ATTORNEY Q~
CITY MANAGER ~w
SUBJECT: Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification
efforts in downtown Bakersfield.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City CI rk DEPARTMENT HEAB~
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER-
SUBJECT: Approval of minutes of the June 24, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: 13. ti.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of department payments from June 12, 2009 to June 30, 2009
in the amount of $24,829,874.04 and Self Insurance payments from June 12, 2009 to
June 30, 2009 in the amount of $310,013.13.
RECOMMENDATION:
Staff recommends approval of payments totaling $25,139,887.17.
BACKGROUND:
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July 2, 2009, 11:12AM
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ADMINISTRATIVE REPORT
SECTION: Consent Calendar
MEETING DATE: July 15, 2009 191e,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 18, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Sale of Real Property
1. Resolution declaring real property located at 510 19th Street surplus to needs of the
City.
2. Agreement with United States of America to donate real property located at 510 19th
Street for a federal courthouse. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
The City of Bakersfield acquired a number of properties in the 1920's to assemble what is commonly
known as Central Park. On March 8, 1965, the City entered into long term land lease, Agreement No. 24-
65, with the Bakersfield Community House to allow the construction of a community center at the
southeast corner of 21st and R Streets. On September 10, 1997, the City donated a portion of the park
located at the northeast corner of 19th and R Streets to the art museum. On December 10, 2003, the City
entered into Agreement No. 03-381 with the Kern Delta Water District to allow the City to reconstruct the
Kern Island Canal into a water element for the Mill Creek Project. As a part of the agreement the City
agreed to assume the maintenance of the reconstructed canal.
For the past three years the City has been working cooperatively with the General Services Administration
(GSA) to site a federal courthouse in downtown Bakersfield. Ultimately, it was determined that it would be
necessary for the City to donate a site to facilitate the construction of the new courthouse. The site
chosen was the portion of Central Park located east of the Kern Island Canal which is approximately 2.5
acres in size.
The salient terms of the donation agreement are:
The City is to donate the property with the GSA paying all closing costs.
The GSA will commence the construction of the courthouse building by no later than December 31, 2010
or the property will revert back to the City. The reverter shall terminate upon the expenditure of funds
appropriated for the construction of the courthouse building on the property on or before December 31,
2010.
DMA/s
6/30/2009
PAMyReslAdmin Reports\Central Park Courthouse.doc
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ADMINISTRATIVE REPORT
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The City intends to construct a public parking garage on 20th street adjacent and east of the courthouse
site. GSA has agreed to provide reasonable pedestrian access across the courthouse site between the
public parking garage and Central Park. Such access shall be subject to the design and security
requirements of the GSA. Location and other details of the pedestrian access shall be within the sole
discretion of GSA. GSA has the right to relocate the pedestrian access from time to time.
There will be a 50' setback from all exterior facades of the proposed courthouse. The City has committed
to maintain the 15' wide sidewalk adjacent to the western boundary of the courthouse site and the Kern
Canal in perpetuity and to prevent vehicular access thereto except for City-owned maintenance carts.
This was an important consideration in selecting the property as the site for the new courthouse.
The Planning Department found the transfer of the property consistent with the Metropolitan Bakersfield
2010 General Plan.
DMA/s
6/30/2009
PAMyResWdmin Reports\Central Park Courthouse.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: B . CI.
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($202,108.00) from the U.S. Department of Justice.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
Since 1996 the City of Bakersfield Police Department has applied for and received grant funding from the
U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the
L.L.E.B.G. Program has helped the City underwrite various projects to reduce crime and improve public
safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into
the Edward Byrne Memorial Justice Assistance Grant.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary
provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime
prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing
initiatives."
Grants from the J.A.G. Program have a term of four years and do not require any match from the City.
Prior to submitting the application to the Department of Justice, the Bakersfield Police Department must
comply with a number of grant conditions including the requirement that the grant application be reviewed
by "the governing body of the unit of local government." This agenda item fulfills this requirement.
The Police Department wishes to submit the following list of items to the Department of Justice for grant
approval. The dollar amounts in the proposed budget below are estimates. If department needs change
or the amounts spent differ from those proposed, the Police Department will expend the differences in
accordance with the JAG/Byrne Grant Guidelines.
BAKE
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ADMINISTRATIVE REPORT
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JAG/BYRNE GRANT EQUIPMENT & TRAINING REQUESTS
Administrative:
• Telestaff Scheduling Software (1) $ 115,000
Operations:
• Tasers (30) $ 30,500
• Cameras (100) $ 18,500
• Pepperball Rounds (1,125 rounds) $ 3,300
Investiaations:
• Training $ 26,008
• Cameras (2) $ 4,500
• Binoculars (2) $ 2,700
• Surveillance Equipment $ 1,600
TOTAL = $ 202.108
BAKE
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ADMINISTRATIVE REPORT
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CALIF 0
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: e
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 17, 2009 CITY ATTORNEY
CITY MANAGER-
SUBJECT: Resolution of Intention No. 1639 to add territory, Area 1-87 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included in the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
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G:\sub\SHARED\PROJECTS\MAINDIST\Formation Documents\MD 1-87\R0I Admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
n
DATE: June 17, 2009 CITY ATTORNEY
CITY MANAGER- 65.
SUBJECT: Resolution of Intention No. 1640 to add territory, Area 4-92 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included in the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
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G:\sub\SHARED\PROJECTS\MAINDIST\Formation Documents\MD 4-92\R0I Admin.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: 5
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 17, 2009 CITY ATTORNEY, 112k
CITY MANAGER &
SUBJECT: Ground Lease Agreement with Gordon Dole (monthly fee of $40.00), for purposes of
constructing an aircraft storage hangar at the Bakersfield Municipal Airport. (Ward 1)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The Bakersfield Municipal Airport has an area prepared for the purpose of ground leases which allows for
the construction of owner-hangars. Currently there are 27 such Ground Lease Agreements and
constructed hangars. The term of this agreement is for a period of twenty years with options of two (2)
five-year extensions. The approximate size of the aircraft storage hangar is 1,700 square feet. Each land
lease agreement generates $40.00 per month in revenue
PW GenSvcs (ep) - June 18, 2009, 4:45PM
G:\GROLI PDATkADMI NRPT=09\07-15\Munici pal Airport Ground Lease Agreement for Hangar 137 - Gordon Dole.doc
ADMINISTRATIVE REPORT
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MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: h;
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: July 2, 2009 CITY ATTORNEY VU-
CITY MANAGER
SUBJECT: A Five-Year Enterprise License Agreement with CompuCom Systems, Inc., to provide
Microsoft Licenses for 1029 City Computers in the amount of $225,000.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On August 18, 2004, the Council approved a five year Enterprise Agreement (Contract
No. 04-241) with Microsoft Corporation that allows the City to install the latest version of Microsoft
products on City computers. The agreement covered server and desktop software that is used for
producing letters and spreadsheets and for running the City's Servers, databases and website.
The original five-year agreement will expire on 31 July 2009. This agreement renews the Enterprise
agreement for another five-year term. In accordance with the original agreement the City inventories all
Microsoft licenses being utilized during the year and pay for only those licenses being used. The cost of
licenses being used is a total of $225,000.00.
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ADMINISTRATIVE REPORT
c ~
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: a ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD vl~
DATE: July 6, 2009 CITY ATTORNEY 1/6-
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement CA08-020 with outside counsel, Hogan Guiney Dick LLP
for legal services in the matter of Citizens for Responsible Growth, etc., et al v. City of
Bakersfield, et al., Kern County Superior Court Case No. S-1500-CV-264869 KCT, in an
amount not to exceed $60,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On October 21, 2008, the City entered into Agreement No. CA08-020 for legal services with Mike
Hogan at Hogan, Guiney Dick in an amount not to exceed $25,000. Mr. Hogan specializes in
environmental law matters. Therefore, when the City was sued by Citizens for Responsible Growth
relating to the WinCo project, Mr. Hogan was retained as outside counsel to defend the City. The City
also entered into a Reimbursement Agreement with The John Antongiovanni Trust for payment of Mr.
Hogan's fees. Recently, the Trust placed an additional amount of money in trust with the City as part of
our Agreement.
The CEQA lawsuit is currently pending, with a hearing date scheduled for August. At this time, and
in order to more closely reconcile the amount in trust and the amount of compensation possible to Mr.
Hogan, the City Attorney's office requests that a new contract be executed for additional compensation so
that outside representation may continue.
This Amendment No. 1 to Agreement No. CA06-014 would add $35,000 to the Not tot to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $60,000.
VG:Isc
SACOUNCUAdmins\09-10 AdminsV►ttyRtnrAgrHogan.CRG-AntonglovannlAmdt.dot
July 6, 2009, 2:25PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 30, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Utility Agreement with Plains Pipeline LLC., ($1,400,000.00) for the relocation of oil line
facilities. (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of Utility Agreement.
BACKGROUND: Plains Pipeline owns and maintains two oil lines that are in conflict with the
construction of the Westside Parkway Phase II Project. These pipelines are currently located within the
alignment of the Westside Parkway and must be relocated to facilitate the construction activities
scheduled to begin in September of this year. The City of Bakersfield is responsible to pay for the costs
associated with the relocation of theses facilities. There are sufficient funds budgeted to cover this
relocation cost. The funding source for this agreement will be STIP funds allocated for the Westside
Parkway.
July 1, 2008, 11:54AM
G:\GROUPDAT\ADMINRPT\2008\07-15\Plains Pipe Agreement Admin.doc
BAKE
OF~wwoR,r S
~ ADMINISTRATIVE REPORT
gun;; t®
LI 0
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. K,
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD_ U4
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement #08-015 with Redflex Traffic Systems, Inc. for photo red
light enforcement program.
RECOMMENDATION:
Staff recommends approval of the proposed amendment.
BACKGROUND:
On February 1, 2008, the City of Bakersfield entered into its second 5 year agreement with Redflex Traffic
Systems, Inc. for digital automated red light photo enforcement cameras. Under this agreement the City
currently pays a monthly flat fee of $37,600 for the twelve existing approaches. The agreement contains a
provision for cost neutrality, which provides the City a safeguard from ever being required to pay Redflex
more than actual cash received. The agreement also provides for an annual CPI increase and upgrades
to all cameras.
The proposed amendment, initiated by Redlflex Traffic Systems, Inc., reduces the monthly amount owed
by $250.00 per approach ($3,000 per month), for the purpose of assisting the City with operating costs
related to processing photo enforced red light citations. The amendment also restarts the initial 5 year
term of the agreement. All other provisions of the agreement shall remain in effect.
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ADMINISTRATIVE REPORT
~MM
1
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council A/PIPROV D
FROM: Raul Rojas, Public Works Director DEPARTMENT HEA ' I
DATE: July 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-366 with Moore lacofano Goltsman, Inc.
($17,155; total compensation not to exceed $456,025) for assistance in re-bidding the
Mesa Marin Sports Complex Project (Ward 3).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The Mesa Marin Sports Complex Project (project) was previously placed out to bid in
late 2008. The bidding was terminated when the State of California froze the Proposition 40 grant
funding during the bid period.
The funding issues for the project have recently been resolved, and the project has been readvertised.
The anticipated bid opening date is July 22, 2009.
The City's design consultant, Moore lacofano Goltsman, Inc. (Consultant), is providing additional
services above the scope of the original agreement in order to assist City staff in rebidding this project.
Therefore, an amendment to the original agreement is required to provide for additional compensation
relating to the additional services provided by the Consultant.
This amendment will increase the Consultant fee by an additional $17,155. This will increase the
previous total contract amount of $438,870, to a new total contract amount of $456,025.
Sufficient funds are budgeted to cover this amendment.
Qlm)
(Project No. P5C216)
July 1, 2009, 8:44AM
G:\GROUPDATIADMINRPT\2009\07-15WIIG Amendment 2 to 07-366.doc
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7
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: , YI'1
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 114-
DATE: June 29, 2009 CITY ATTORNEY >yG
CITY MANAGER
SUBJECT: Amendment No. One to Attorney Retainer Agreement No. 08-114 with Duane Morris, LLP
in an amount not to exceed $300,000 for outside legal services concerning State Water
Resources Control Board, Reference No. KMB:A31674
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Staff is seeking approval of Amendment No. One to Agreement No. 08-114 for an additional
$150,000 for a total amount not to exceed $300,000, with Duane Morris to cover the off-shoot of our
victory in the First Point litigation (North Kern Water Storage District v. Kern Delta Water District, et al,
Tulare County Superior Court Case No. 96-172919, Fifth Appellate District Court Case No. F047706).
This Amendment for additional funds will allow Duane Morris to continue its representation of the City as
we make our case before the State Water Resources Control Board that there is unappropriated water
and that it should remain in the Kern River.
Funds will be available in the Water Resources FY 2009-10 budget for the required outside legal
services outlined above.
GGAII
SACOUNCILWdmins\09-10 AdminsVlttyRtnrAgr.DusneMorrisSWRCBAgr08-114.Amdl.dot
June 26, 2009, 2:17PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 J AGENDA SECTION: Consent Calendar
ITEM: 6
. n.
.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: July 1, 2009 CITY ATTORNEY
CITY MANAGER 0S
SUBJECT: Amendment No. 1 to Agreement No. 09-009 with outside counsel, Aleshire & Wynder, LLP
for legal services ($60,000, total not to exceed $140,000) in the matter of redevelopment
and/or other miscellaneous matters as directed by City Attorney. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 14, 2009, the City Council approved an agreement for legal services with David J. Aleshire of
Aleshire & Synder, LLP. Mr. Aleshire specializes in redevelopment law matters. Therefore, Mr. Aleshire
was retained as outside counsel to handle redevelopment matters in the Mill Creek project. The
Agreement was approved in an amount not to exceed $80,000.00.
At this time, the City Attorney's office requests that a new contract be executed for an additional
$60,000.00 in compensation so that outside representation may continue. The Economic and Community
Development Department has sufficient funds within its budget to accommodate this request for additional
compensation.
S:\Admins\City Council\City Council Admins 2009WIeshire amend 1 to 09-009.doc
7/1/2009 11:33 AM
y..
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: . i7.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: June 26, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-123 with AmCal Santa Fe Fund, L.P. for the
construction and development of approximately 3,000 square feet of commercial/retail
space and 55 affordable multi-family units at 701 Union Avenue - Santa Fe Apartments to
extend performance dates. (Ward 1)
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
On June 25, 2008, the City Council approved an agreement with AmCal Santa Fe Fund, L.P for
$2,000,000 in HOME Investment Partnership funds for eligible predevelopment and construction related
costs for the development of 55 units of affordable family housing and approximately 3,000 square feet of
commercial space at 701 Union Avenue.
AmCal has secured the funding for the construction of the affordable family housing units through the
California Tax Allocation Committee (CTCAC) and will be receiving Exchange Funds from the CTCAC
through the American Recovery and Reinvestment Act of 2009 (ARRA). The program guidelines for the
use of these funds are currently being finalized by the State of California which has resulted in a delay of
CTCAC financing for the Santa Fe project and other affordable housing projects statewide.
Due to these substantive changes within the CTCAC program and the aforementioned delay by the State
of California in issuing financing guidelines certain dates included within the original Schedule of
Performance require extension. The following is the new performance schedule for the project.
Activl Estimated Completion
Secure Project Financing September 2009
Construction Begins October 2009
Prel-easing and Marketing of Units October 2010
Construction Completed Februa 2011
100% Occupancy and stabilization Jul 2011
No additional funding for the project is requested by AmCal.
SAAdmins\City Council\City Council Admins 2009\amend #1 AmCal.doc
6126/2009 3:50 PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: S. 12,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /15
DATE: July 1, 2009 CITY ATTORNEY
I hZI-.11
CITY MANAGER ~J
SUBJECT: Annual Contracts for Auctioneer Services. (Citywide)
1. Amendment No. 2 to Agreement No. 07-228 with Tri-State Auction Systems,
Incorporated extending the term to July 17, 2010 for the annual contract - auctioneer
services.
2. Amendment No. 2 to Agreement No. 07-229 with Quality Team, Incorporated extending
the term to July 17, 2010 for the annual contract - auctioneer services.
RECOMMENDATION: Staff recommends approval of amendments to the Agreements.
BACKGROUND: On July 18, 2007, Council awarded the Annual Contracts for auctioneer services to Tri-
State Auction Systems, Incorporated and Quality Team, Incorporated. The Agreements allow for four (4)
consecutive one-year extensions of agreements, if all parties agree. On July 16, 2008, Council executed
Amendment No. 1 to both Agreements extending their terms to July 17, 2009. If approved, Amendment
No. 2 will extend terms one year to expire on July 17, 2010.
Tri-State Auction Systems, Incorporated's agreement does not charge the City a commission on the sale
of City surplus personal property and equipment; instead, they collect a buyer premium from the purchaser
for each sale.
Quality Team, Incorporated's agreement charges the City commission amounting to twenty-five percent of
the sales price for selling the City's surplus computers and related equipment only.
City staff and Tri-State Auction Systems, Incorporated and Quality Team, Incorporated agree to the
extension of Agreements under the same terms and conditions. Extending the Agreements ensures a
reliable and continuing source for the sale of City surplus personal property and equipment.
Purchasing Division
S:\PURCFMDMI"mendmentsWmendment #2 to Agreements 07-228 and 07-229, Tri State Auction & Quality Team, July 15, 2009.doc
July 1, 2009, 12:11 PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /✓.S
DATE: July 1, 2009 CITY ATTORNEY
CITY MANAGER ,PS
SUBJECT: Amendment No. 3 to Agreement No. 06-219 with Ameripride Uniform Services extending
the term for one (1) year for the Annual Contract for Industrial Laundry Services. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Industrial Laundry Services
to Ameripride Uniform Services, Bakersfield for a one (1) year period renewable annually thereafter for six
(6) consecutive one-year periods if all parties agree. On July 18, 2007, Council executed Amendment No.
1 extending the agreement for one (1) year. On July 16, 2008, Council executed Amendment No. 2
extending an additional year. If approved, Amendment No. 3 will add an additional year extending the
agreement to expire in July 2010. Extending the Agreement allows the City to continue working with a
good provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:U'URCHIADMIMAmendments\Amendment #3 to Agreement 06-219, Ameripride Uniform Services, AC Industrial Laundry Services, July 15,
2009.doc
July 1, 2009, 12:42PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: y-
r
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: July 1, 2009 CITY ATTORNEY
CITY MANAGER ~w
SUBJECT: Amendment No. 2 to Agreement No. 07-230 with Ferguson Enterprises extending the term
for one (1) year and adding $80,000 (for a total not to exceed amount of $240,000) to the
Annual Contract for Fire Hydrants and Hydrant Repair Parts. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 18, 2007, Council awarded the Annual Contract for the supply of fire hydrants
and hydrant repair parts in the amount of $80,000. The agreement allows for four (4) consecutive one-
year extensions, if all parties agree. On April 23, 2008, Council executed Amendment No. 1 adding an
additional $80,000 for a revised not to exceed amount of $160,000 and extending term one year to expire
in July 2009. If approved, Amendment No. 2 will add $80,000 for a revised not to exceed amount of
$240,000 and will extend term one year to expire in July 2010. Extending the Agreement allows the City
to continue working with a good provider and saves staff time and efforts required if this item were to be
re-bid.
Purchasing Division
S:\PURCH\ADMIMAmendmentsWmendment #2 to Agreement 07-230, Ferguson Ent, July 15, 2009.doc
July 1, 2009, 11:42AM
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ADMINISTRATIVE REPORT
r
By
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: gj S
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: MaintStar Work Order System:
1. Amendment No. 1 to Agreement No. 07-290 with MaintStar, Inc., ($52,000; total not to
exceed $429,500) for the development conversion of data, for the General Services and
Streets Divisions of the Public Works Department.
2. Transfer $52,000 from a budgeted Public Works Department Capital Improvement
Project (Remove High Voltage Circuitry) to the Capital Improvement Budget within the
Capital Outlay Fund to fund this amendment.
RECOMMENDATION: Staff recommends approval of amendment and transfer.
BACKGROUND: Agreement No. 07-290 ($377,500) with MaintStar, Inc., provided for: 1) the creation and
maintenance of software to be used to create work orders and track work, 2) the estimation of future
workloads and budgets, and, 3) the organization of resources, and scheduling of work for both the Public
Works and other City maintenance projects.
Amendment (1) to Agreement No. 07-290 will provide for development and conversion of data. This will
allow us to use the multiple layers of GIS maps that indicate street markings, streetlight poles, storm
drains, etc.
The total amount of this amendment is $52,000. This changes the current agreement amount of $377,500,
to a total amount not to exceed $429,500. The $52,000 is the cost of the development and conversion of
City supplied data.
Staff requests the transfer of $52,000 from a currently budgeted Capital Improvement Project (Remove
High Voltage Circuitry) to fund this amendment. We will realize savings on the project.
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ADMINISTRATIVE REPORT
rt
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
T0: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 23, 25, 29, 55 and 56 to Agreement No. 07-304 with Security
Paving Construction ($103,461.25 for a revised not to exceed amount of $30,115,713.17)
for the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the
Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 23 provides for the cost of material and engineering associated with designing and
installing a temporary by-pass pipeline for East Niles Community Storage District (ENCSD). The existing
ENCSD pipeline was in conflict with the drainage systems in the SW quadrant of the interchange; so a
temporary by-pass, not shown in the construction plans, was required to solve the conflict and to avoid
impacts to the public traveling through the project construction area. This change order results in a net
increase of $25,649.71.
Change Order No. 25 provides for the installation of electrical conduit and pull boxes associated with
highway lighting. Electrical plans did not show the details to construct and install conduit and pull boxes on
the Type 60 concrete barrier which had to be modified to perform this work. In addition, modifications to
two street lights and a retaining wall footing were necessary as a result of these changes. This change
order results in a net increase of $28,800.00.
Change Order No. 29 provides for a change in the quantity of concrete blocks and cap blocks required to
construct the sound wall. The height of the sound wall was inconsistent with the quantity of blocks as
shown in the plans. This change order results in a net increase of $21,111.54.
Change Order Nos. 55 and 56 provide for the installation of conduits and cables to provide for a PG&E
connection to the service cabinets located on the south side of the project, and to provide for power to
booster pumps located on the north side of the project. The installation of these conduits and cables were
originally going to be performed by PG&E and paid for by the City. PG&E and the City agreed to instead
have Security Paving perform this work to expedite the installation, so the City is paying Security Paving for
this work instead of PG&E. Change Order No. 55 results in a net increase of $12,650.00, and Change
Order No. 56 results in a net increase of $15,250.00.
G:\GROUPDANiDMINRPT\2009\07-15\Admin Rpt CCO 23-25-29-55-56 Fairfax Interchange Project -.doc Project # T7K021
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ADMINISTRATIVE REPORT
The net cost increase of Change Order Nos. 23, 25, 29, 55 and 56 is $103,461.25. This provides a total
cost increase of $786,267.07, which is a 2.68% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 682,805.82
• Current Change Order Nos. 23,25,29,55,56 = $ 103,461.25
a Amended Contract Agreement after Change Orders = $30,115,713.17
Net Increase to date = $ 786,267.07
Adequate state/federal funds have been previously budgeted to cover these additional costs.
Due to the voluminous nature of the exhibits to these CCO, they are on file in the City Clerk's Office
for review.
G:\GROUPDAT\ADMINRPT2009\07-15\Admin Rpt CCO 23-25-29-55-56 Fairfax Interchange Project -.doc Project # T7K021
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ADMINISTRATIVE REPORT
C W®
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: , U
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD v c~
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER ~w
SUBJECT: Contract Change Order No. 1 to Agreement No. 09-065 with Kern Pacific Construction
Company ($142,000.00, for a revised not to exceed amount of $819,395.00) for the project known as
Sewer Improvements: McCutchen Road from Wastewater Treatment Plant No. 3 to Ashe Road; from Ashe
Road, 450'N of McKee Road to McCutchen Road (Ward 6).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: This project provides for the installation of a 36 inch trunk sewer line on McCutchen
Road and on Ashe Road in the vicinity of Wastewater Treatment Plant No. 3.
In order to facilitate the start up of the new headworks at Wastewater Treatment Plant No. 3 some trunk
sewer pipe and manhole facilities need to be installed on McCutchen Road east of Gosford Road. This
trunk sewer installation will tie in the effluent flow from the main lift station to the new trunk sewer line and
headworks which were installed as part of the expansion of Wastewater Treatment Plant No. 3. This
change order also provides for the abandonment of the existing trunk sewer line which will no longer be in
service after this work is completed. This work needs to be done by a change order to this project in order
to ensure that these facilities are installed in time for the September 2009 start up of the new headworks.
This is the first change order to be submitted for this project. This change order will increase the project
total by $142,000 (which results in a 20.9% increase of the original contract amount) as illustrated below:
0 Original Contract Amount $677,395.00
• Amended Contract Agreement after Change Orders = $819,395.00
Net Increase to date = $142,000.00
RM (Construction)
July 2, 2009, 9:22AM
G:\GROUPDAIIADMINRPT\2009\07-15\CCO 1 McCutchen and Ashe Sewer.doc
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IF
MEETING DATE July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,V.
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD
DATE: June 18, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Orders #3 & #4 to Contract No. 08-126 with Floyd Johnston Construction Company, in
the amounts of $43,440.30 and $17,232.00. Change order #3 is for the installation of 134 feet of 18" diameter coated
steel pipeline and 183' of 18" PVC along Coffee Road at the Friant Kern canal. Change order #4 is for the installation
of bollard pipe protection and re-routing of the water main in conflict with existing utilities at two locations. (Revised
total not to exceed $711,936.30) (Wards 2, 3 & 4)
RECOMMENDATION: Staff recommends approval of contract change orders
BACKGROUND: Change order #3 is for a section of domestic water pipeline that was modified to meet the Friant
Water Authority requirements for the above ground crossing of their canal. Additional footage was needed to span
the revised longer alignment across the canal requiring a heavier pipe wall for self supporting strength. This
modification also required additional footage of standard wall thickness of both steel and PVC piping to tie into the
new canal crossing.
Change order #4 is due to unforeseen conditions of existing utilities in conflict with the newly designed water main.
Relocation of the water main was required at 2 locations on Coffee Road. In addition, pipe bollard installations were
deemed appropriate for protection of an above ground section of the water main in the vicinity of the Calloway canal
crossing. This capitol improvement project is necessary in order to accommodate increased capacity into the City's
distribution network at Granite Falls Way resulting from the recent tie-in to the Kern County Water Agency distribution
pipeline at Meany Avenue. This project will allow the City to receive 6,500 acre feet of treated water annually and
reduce the amount of groundwater pumping in the area.
Original Contract Amount: $531,914.00
Change Order #1 amount of: $76,350.00
Change Order #2 amount of: $43,000.00
Change Order #3 amount of: $43,440.30
Change Order #4 amount of: $17,232.00
Total to Date: $711,936.30
SACoffee Waterline Tie-in\admin07l62008FIoydJohnston.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 15,2009 AGENDA SECTION: Consent Calendar
ITEM: $ . W,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD °'L
DATE: June 24, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Accept bid and award Independent Contractor's Agreement (for a not-to-exceed amount of
$100,000.00) to H & H Engineering Construction, Inc. for Bakersfield Amtrak Railroad
Maintenance and Repair for four year period beginning August 1, 2009 (Ward 2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City of Bakersfield is the owner of the Bakersfield Amtrak Station and station
trackage from "H° Street to Union Avenue. Prior to September 2002, Burlington Northern Santa Fe
Railroad (BNSF) maintained our trackage as part of Agreement No. 99-157. An analysis of BNSF's
charges for these services in 2002 showed a substantial savings on maintenance cost could be attained
by contracting out the inspection and maintenance services. For the last four years H & H Engineering
Construction, Inc has been providing the required maintenance and repair work on schedule and on
budget. This agreement, starting August 1, 2009, will provide for the continued maintenance and repair
work for the next four years.
This agreement will be funded with Public Transit Funds which are administered by the Kern Council of
Governments. All work under this contract is done on a time and materials basis except the annual
maintenance. Since the specific scope of work can not be determined for repair works during the next four
years, the compensation amount is set at a not-to-exceed aggregate total of $100,000. For bidding
purposes, some historical maintenance and repair cost were used to determine the low bidder. The
Engineer's Estimate was $61,200. Upon review of the two submitted bids on June 2, 2009, the firm of H &
H Engineering Construction was determined to be the most favorable to the City.
WGM
KAM604
June 25, 2009, 4:OOPM
G:\GROUPDAT W DMINRPTWDMI NFORM.doc
G:\GROUPDATWDMINRPT\2009\07-15\Amtrak Track Maintenance & Repair Agreement.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reject all bids for a Voice Communication System for the City of Bakersfield.
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: On July 3, 2008 the City issued a RFSQ for a voice communication system and
selected four resellers to receive copies of the RFP, which was issued on September 16, 2008, with
responses due on October 3, 2008. After evaluation of technical merit, and finalizing cost proposals, this
item was brought before Council to award a contract on May 6, 2009 and was subsequently postponed.
The final three bidders were:
INITIAL COST SEVEN YEAR TCO
Global CTI (Shore Tel) $1,125,873 $1,399,228
AT&T (Nortel) $1,251,205 $1,579,790
AMS. Net (Cisco) $1,321,733 $1,574,842
With declining revenue it would not be prudent at this time to purchase a new phone system. While the
current system is 20 years old, it is operating effectively and this purchase can be delayed until the City's
finances are more stable. Therefore, staff recommends rejection of all bids.
BU/Is
G:\GROUPDAT\ADMINRPT\2009\07-15\Voice Communication System.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD_
DATE: June 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Acceptance of 2007-08 Transportation Development Act Funds Financial Statements.
RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the June 16, 2009 meeting.
In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities
Code section 99245, and the California Code of Regulations section 6664, the attached financial
statements for the Transportation Development Act Funds were prepared for the fiscal year ending June
30, 2008.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown
Armstrong Paulden McCown Starbuck Thornburgh & Keeter Accountancy Corporation has issued an
unqualified opinion.
gl
G:\GROUPDAT\ADMINRPT\2009\07-15\Transp Dev Act Funds Financial Strn.doc
ADMINISTRATIVE REP
ORT
MEETING DATE: July 15, 2009 AGENDA SECTION: Consent Calendar
ITEM: , -4
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD +~C
DATE: August 29, 2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $16,000 developer contributions to the Economic & Community Development
budget within the Capital Outlay Fund for professional consultant services in the
preparation of a Section 108 Loan application for economic development.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
The Padre Hotel is currently under construction with the anticipated completion date scheduled for early
Fall, 2009. The project is the transformation and redevelopment of an historic and iconic local landmark
into a new business and leisure destination hotel with a significant entertainment focus. The guest room
count is 112 keys and amenities include a signature restaurant, lounge and diner/cafd. Additional hotel
facilities include meeting rooms, event space, fitness and business center. Although the owners have
excellent credit and asset valuation of the hotel, they have not been able to attain a loan for the necessary
furniture, fixtures and equipment (FF&E) to complete and open the hotel. The total amount required for
the FF&E is estimated at $4.6 million dollars. The Padre Hotel owners are able to contribute $1 million
dollars and can secure an equipment loan for $1.8 million, leaving a $1.8 million shortfall. Therefore, the
owners of the Padre Hotel have requested a $1.8 million loan through a City sponsored economic
development Section 108 loan program to provide gap financing and to enable the owners to secure the
$1.8 million equipment loan.
Based on this request, staff began to explore the feasibility of using the Section 108 loan program to
provide gap financing for the Padre Hotel project in the amount of $1.8 million. Although the project is not
located within a redevelopment project area it is within an eligible census block group deeming it eligible
for Section 108 assistance. In addition, the project when complete is expected to generate over 180 full-
time jobs and 80 part-time jobs which is a direct economic development benefit for the City.
Staff distributed an RFP for consultant services to prepare the complex Section 108 loan application and
received an acceptable response from a qualified consultant for an amount not to exceed $16,000. The
developer has agreed to assume this expense and all associated costs related to the application
preparation process. In addition, the developer has agreed to repay the entire Section 108 loan with the
terms and conditions to be determined. The collateral for the loan secured by a deed of trust will be the
hotel property or the fixtures & equipment.
S:\Admins\City Council\Clty Council Admins 2009\AppropriateConsultantSvcsSec108.doc
6125/2009 4:23 PM
OF ~ rox~ ~'S
ADMINISTRATIVE REPORT
C' ar P
1
MEETING DATE: July 15, 2009 AGENDA SECTION: Hearing
ITEM: W a.
TO: Honorable Mayor and City Council APPROVED
i
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 15, 2009 CITY ATTORNEY.,
CITY MANAGER ~W
SUBJECT: Public Hearing to consider Resolution ordering the Summary Vacation of any and all street
right-of-way for 20th, "S", and "T" Streets, and all alleys bounded by the South right-of-way
of 21st Street, the North right-of-way of 19th Street, the East right-of-way of "R" Street, and
the East property line for the proposed Federal Building parcel as described and shown on
Exhibits "A" and "B" of Donation Agreement between the City of Bakersfield and the United
States of America (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City is requesting a summary vacation of any and all street right-of-way for 20th, "S", and "T" Streets,
and all alleys bounded by the South right-of-way of 21st Street, the North right-of-way of 19th Street, the
East right-of-way of "R" Street, and the East property line for the proposed Federal Building parcel as
described and shown on Exhibits "A" and "B" of Donation Agreement between the City of Bakersfield and
the United States of America.
This dedication is eligible for summary vacation per Section 8334 of the Streets and Highways Code which
authorizes the City Council to summarily vacate an excess street right of way which is not needed for
street purposes.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection as of the
date of this report.
Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has not received any written objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on June 5, 2009 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government
Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (bx3) of CEQA guidelines (Categorical Exemption), because there is no
possibility that the action may have a significant effect on the environment.
SAStreet Vacations\20th StreetWdmin Report.doc
BA
OF~caMORrto s
Cam, f.A
ADMINISTRATIVE REPORT
Lf
MEETING DATE: July 15, 2009 AGENDA SECTION: Hearings
ITEM: b
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of a portion of 14th Street, 13th Street, R Street and alley
west of R Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is proposing to vacate a portion of 10 Street, 13"' Street, R Street and alley west
of R Street to accommodate the Creekview Villas, South Mill Creek Apartments and Mill Creek Courtyard
projects.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report
Public Works notes that there are no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. A letter from Kern Delta Water District
was received with concerns to access the east bank of the Kern Island Canal. The Mill Creek Linear
Walk/Bike Path is installed on both sides of the canal from the railroad tracks to California Avenue. The
width of this path has been designed to allow for canal maintenance service vehicles. The City has a long
term lease with renewable terms with Kern Delta Water District that requires the City to perform all of the
maintenance activities for the canal during the lease period. The City also has an easement on 200 feet
across the entire parking lot of the proposed South Mill Creek Apartments north of 10 Street. The parking
lot runs along the tracks from the canal to S Street. The City's Economic and Community Development
Department is continuing to work with Kern Delta Water District to address their concerns.
Easements for public utilities, including City sewer, and public access will be provided over those areas of
the vacated streets as shown on Exhibits "A" and "B" and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
June 25, 2009, 8:11 AM
S:\Street Vacations\South Mill Creek 14th-R ShAdmin Report - Final Hearing.doc
ADMINISTRATIVE REPORT
The proposed vacation was approved by the Planning Department on March 24, 2009 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1634 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of June 10, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
June 25, 2009, 8:11 AM
S:\Street Vacations\South Mill Creek 14th-R ShAdmin Report - Final Hearing.doc
rvj~ `z(OPYONAQ `•S~ .
F tv
ADMINISTRATIVE REPORT
MEETING DATE: July 15, 2009 AGENDA SECTION: NZU.v'II>~5
ITEM: 0,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: July 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: U.S. Department of Housing and Urban Development Section 108 Loan in the amount of
$1.8 million to provide Furniture, Fixtures, and Equipment for the Padre Hotel:
1) A Resolution of the Council of the City of Bakersfield authorizing the submission of a
Section 108 Loan Guarantee application in the amount of $1.8 million dollars to HUD, to
provide funds for furnishings, fixtures, and equipment at the Padre Hotel located at 1813 H
Street.
2) Approval of a Sub-recipient Agreement with Padre Hotel, L.P. for the repayment of a
$1.8 million Section 108 Loan Guarantee repaid over 7 years. (Wards 2)
RECOMMENDATION:
1) Staff recommends approval of the Section 108 Loan Guarantee submission, authorize minor
modification to the application, adoption of the resolution and authorization to execute all necessary HUD
loan agreements and documents.
2) Staff recommends approval.
BACKGROUND:
Section 108 is the loan guarantee provision of the Community Development Block Grant (CDBG) program
through the U.S. Department of Housing and Urban Development (HUD). Section 108 provides
communities with a source of financing for economic development, housing rehabilitation, public facilities,
and large-scale physical development projects. This makes it one of the most potent and important public
investment tools that HUD offers to local governments. It allows them to transform a small portion of their
CDBG funds into federally guaranteed loans large enough to pursue physical and economic revitalization
projects that can renew entire neighborhoods. Such public investment is often needed to inspire private
economic activity, providing the initial resources or simply the confidence that private firms and individuals
may need to invest in distressed areas.
The proposed project is being implemented under the provisions of 24 CFR 570.203 "Special Economic
Development Activities" and 24 CFR 570.703, "Eligible Activities" to assist the Padre Hotel project that will
provide jobs to low- and moderate income persons in a Community Development Block Grant (CDBG)
eligible area. The hotel is located in Census Tract 16, which, based on the 2000 Census, had a poverty
S:\Admins\City Council\City Council Admins 2009\Padre section 108 reso & agree.doc
7/2/2009 8:58 AM
ADMINISTRATIVE REPORT Page 2
rate of 41% and an unemployment rate of 14.7%, both vastly greater than the national averages in 2000.
At least 51 % of the new employees at the hotel will meet low/moderate income requirements. The project
will also meet the $35,000 maximum of cost per job, with an anticipated cost per job amount of $11,392.
The cost per job is based on the $1,800,000 in Section 108 funds and the anticipated 158 full time
equivalent new jobs to be generated by the project. Based on the HUD income limits for the Bakersfield
SMA, those earning less than $12.02 per hour qualify as low- to moderate income. Based on the staffing
profile 122 of the FTE jobs will be for low- to moderate income person. That number represents 77% of
the total 158 full time equivalent hotel employees.
The City of Bakersfield is requesting $1,800,000 in Section 108 Loan Guarantee funds to fund 80% of the
$2,250,000 in furnishings, fixtures and equipment for the historic Padre Hotel renovation in the heart of the
downtown Bakersfield. The project is located in a census tract that meets HUD low/moderate income
requirements. Attachment A is a map showing the location of the hotel at 1813 H Street. The amount of
Section 108 funds requested is within the maximum loan amount of five times the City's annual Block
Grant allocation of $3,355,454 for the 2009-010 program year.
Padre Hotel
The Padre Hotel was originally built in 1927 and operated until the late 1960's when the then owner
refused the City's requirements to install sprinklers. The owner boarded up the hotel from the third floor
up, but continued to operate the balance as a Single Room Occupancy (SRO) with a coffee shop,
restaurant and lounge until 1999. A new group purchased the building and completed an upgrade of the
exterior, electrical wiring and windows with the intention of converting the building to condominiums. The
renovation incorrectly removed the asbestos, could not be permitted and was sold to the current owner.
The current owner worked with the Air Quality Resource Board to mitigate the asbestos issues, and the
situation was resolved. The current owner is completing a substantial rehabilitation and will reopen the
hotel as the only full service hotel in the downtown. The completed project will have 112 rooms, with
extensive food and beverage facilities including a fine dining restaurant, cafe, lounge, bar, rooftop patio,
and five meeting rooms accommodating from 12 to 125 people.
The City of Bakersfield has a series of high priority needs, as identified in the City's Consolidated Plan,
which will be addressed by the use of these Section 108 funded projects. All of the projects being
implemented are in areas that exhibit social and economic needs. The newly renovated hotel will serve as
an economic catalyst in the City's effort to redevelop and revitalize the downtown. A May 2008 appraisal
by PKF Consulting, a leader in hotel evaluations, values the completed hotel and stabilization in 2012 at
$38,100,000.
Terms of the Sub-recipient Agreement
The Agreement with Padre Hotel, L.P. is for the repayment of the Section 108 loan. In order to qualify for
the HUD Section 108 loan, Padre Hotel, L.P. is required to create a minimum of 158 new full-time
equivalent job positions. At least 51 % of all persons employed must qualify as low to moderate income
persons in accordance with HUD requirements at the time of hire. Fifty-one percent of all new employees
thereafter must qualify as low to moderate income persons at the time of hire until said loan has been
repaid in full by CORPORATION. In addition payments will be made by Padre Hotel, L.P. to the City for
the repayment of the Section 108 loan with interest installments (2% to the City) due June 1 st of each year
beginning in 2010 and principal and interest (interest rate to be determined by HUD) payments will be due
December 1st of each year beginning in 2010 for seven (7) years. The loan to the Padre Hotel, L.P. will
be secured by a deed of trust in favor of the City on the property.
SAAdmins\City Council\City Council Admins 2009\Padre section 108 reso & agree.doc
7/2/20098:58 AM
B u
BAKERSFIELD CITY COUNCIL
U t= MINUTES
c L~ MEETING OF JUNE 24, 2009
~LIF 0
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Weir, Couch
(seated at 5:44 p.m.), Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Rigo Enciso, 7th Grade
Student at Thompson Jr. High School.
4. PUBLIC STATEMENTS
a. Doug Vontz, with the Slower Traffic Please Keep
Right Campaign, spoke regarding freeing up local
roads and freeways.
b. Tim Palmquist spoke regarding parking restrictions
at 25th and H streets and provided petitions in
opposition to the 30-minute parking zone, as well as
additional written material.
C. Tom Fallgatter spoke regarding the street-widening
project on Stockdale Highway, and thanked Council
and staff for their efforts in working with his clients to
resolve those concerns.
5. WORKSHOPS
a. Presentation by Ronald Brummett, Executive
Director, Kern Council of Governments, regarding
SB375 (Steinberg).
Ronald Brummett gave an overview and provided written
material regarding the Regional Transportation Plan and
Local Land Use Plans.
Bakersfield, California, June 24, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of Certificates to
Number 1 Ranked Graduates in their graduating
classes in the Greater Bakersfield area by the Kern
High School District.
Mayor Hall was joined by Councilmember Sullivan
for this presentation, and recognized the following
students and presented them with certificates:
• Shannon Cooper, Matthew Morea -
Bakersfield High School
• Joshua Novins, Ernest Picato, Caylynn
Simonson - Centennial High School
• Jose Bermudez - East Bakersfield High
School
• Annelise Bertrand, Kimberly Barton - Foothill
High School
• Grant Frame, Stevie Hughey - Frontier High
School
• Mayra Estrada - Golden Valley High School
• Derrick Chan, Matthew Rodgers, Sofia
Hussain Zahid - Highland High School
• Nathan Coleman, James Davies, Laura
Greenwood, Maxwell Hinson, Allison
Laverty, Dana Lillie, Benjamin Rowe -
Liberty High School
• Alejandro Gonzales - North High School
• Meryl Seward, Joseph Towe - South High
School
• Ali Haghighi, Deepa Kannapan, Taylor
Lampela, Grace Stearns, Evan Szablowski,
Stephen Tomlinson - Stockdale High
School
• Sarah Urata - West High School
7. APPOINTMENTS
a. San Joaquin Valley Air Pollution Control District -
Governing Board:
1. Selection of Kern County Small City (under
100,000) nominee.
2. Resolution approving selected nominee. RES 075-09
Motion by Vice-Mayor Scrivner to appoint Randy APPROVED
Miller as the Kern County Small City nominee AB BENHAM
and adopt the resolution selecting Mr. Miller.
Bakersfield, California, June 24, 2009 - Page 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the June 10, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from May 29, ABS WEIR
2009 to June 11, 2009 in the amount of
$9,799,180.94 and self-insurance payments from
May 29, 2009 to June 11, 2009 in the amount of
$243,190.74.
Ordinances:
C. Adoption of the following Ordinances:
1. Ordinance amending Section 12.56.050 ORD 4582
relating to prohibited acts in parks.
2. Ordinance amending Section 12.56.070 ORD 4583
relating to activities requiring a use permit.
3. Ordinance amending Section 12.56.090 ORD 4584
relating to special events.
Resolutions:
d. Resolution declaring the results of the Special RES 076-09
Municipal Election, held in the City of Bakersfield on
June 16, 2009 for the Kimberly No. 1 Annexation,
Measure A, and declaring the territory attached to
the City of Bakersfield incorporated area.
e. Resolution approving records retention schedule for RES 077-09
the Human Resources Division.
f. Resolution approving records retention schedule for RES 078-09
the Economic and Community Development
Department.
g. Resolution confirming approval by the Assistant City RES 079-09
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
h. Amendment No. 2 to Resolution No. 118-94 revising RES 118-94(2)
the penalty for parking violations for commercial
vehicles.
Bakersfield, California, June 24, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
i. Sewer construction and connection fee(s)
assessment for 4300 Joseph Drive:
1. Resolution confirming assessments for the RES 080-09
construction and connection fee(s) and
authorizing the collection of assessments by
the Kern County Tax Collector.
2. Agreement with Leonard A. Welte and AGR 09-077
Denise Welte to pay construction and
connection fee(s) in installments and notice
of special assessment.
Agreements:
j. Traffic Impact Fee Agreement with Frontier Ranch, AGR 09-078
LLC (estimate impact fee credit $184,812) for
improvements on Renfro and Kratzmeyer Roads.
k. Agreement with Bakersfield-Mountain Gate, LLC AGR 09-079
($62,606) for reimbursement of design costs, plan
check fees and inspection fees for the design of a
portion of the Curnow Planned Sewer Area.
1. Agreement with Ramsay Group (not to exceed AGR 09-080
$64,950) for assistance in the preparation of the
2010-2015 Consolidated Plan, the Citizen
Participation Plan and the Analysis of Impediments
to Fair Housing Choices for the U. S. Department of
Housing and Urban Development.
M. Agreement with County of Kern ($325,000) for AGR 09-081
animal care services for one (1) year.
n. Agreement with Meyer Civil Engineering, Inc. AGR 09-082
($80,561) for design and engineering services
for water mainline extensions and tie-ins at eight (8)
locations.
o. Agreement with BSK Analytical Laboratories AGR 09-083
($60,000) for various laboratory services for
Wastewater Division.
P. Amendment No. 3 to Agreement No. 07-098 with AGR 07-098(3)
Gregory B. Bragg & Associates (increase final year
annual fee from $140,000 to $230,000) for liability
claims adjustment services.
q. Amendment No. 1 to Agreement No. 08-122 with AGR 08-122(1)
PBC SolutionOne, Inc. ($47,740; revised not to
exceed $95,480) extending term one (1) year for
janitorial maintenance - City Hall North.
Bakersfield, California, June 24, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
r. Amendment No. 1 to Agreement No. 08-100 with RES 08-100(1)
Gilliam & Sons, Inc. (no increase in amount)
extending term one (1) year for earthmoving and
hauling services.
S. Waterline Extension to Wastewater Treatment Plant
No. 3:
1. Contract Change Order No. 1 to Agreement AGR 08-132
No. 08-132 with Superior Pipeline, Inc. CCO 1
($189,854.92; revised not to exceed
$453,727.87) for project.
2. Appropriate $90,000 Sewer Enterprise Fund
Balance (WWTP No. 3) to the Public Works
Department Capital Improvement to fund
contract change order.
Bids:
t. Accept bid from Quinn Co. ($104,522.95) for
one (1) replacement asphalt compactor roller
for the Streets Division.
U. Accept bid and award contract to LVH AGR 09-084
Entertainment Systems ($132,918) for upgrading
the fly rail system for Rabobank Theater.
Miscellaneous:
None.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through u. AB BENHAM
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (1) of
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos.
S-1500-CV253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (1) (3) (A) of Government Code Section 54956.9.
(One matter)
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Bakersfield, California, June 24, 2009 - Page 6
9. CLOSED SESSION continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:01 p.m. AB BENHAM
Motion by Councilmember Sullivan to adjourn from APPROVED
Closed Session at 7:18 p.m.. AB BENHAM
RECONVENED MEETING - 7:25 p.m.
10. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation; DIRECTION GIVEN
Closed Session pursuant to subdivision (1) of TO CITY ATTORNEY
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos.
S-1500-CV253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW.
b. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b) (1) (3) (A) of Government Code Section 54956.9.
(One matter)
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
11. CONSENT CALENDAR HEARINGS
None.
12. HEARINGS
a. Metropolitan Bakersfield Regional Transportation
Impact Fee, Phase IV:
1. Public Hearing to consider Resolution
adopting the 2008-2035 Regional
Transportation Facilities List Phase IV, fee
schedule and nexus report.
2. Amendment No. 1 to Resolution 118-05
establishing City Council Policy regarding
the extension of vesting rights for subdivision
maps.
City Clerk McCarthy announced correspondence was
received from staff providing information referenced in the
Administrative Report and from Walter P. McNeill,
representing the Home Builders Association of Kern
County (HBA), in opposition to adoption of the fee.
Bakersfield, California, June 24, 2009 - Page 7
12. HEARINGS continued ACTION TAKEN
Item 12.a. continued
City Manager Tandy gave an overview and introduced
Public Works Director Rojas who gave a computer
presentation.
Hearing opened at 7:42 p.m.
Bob Decker, with the Home Builders Association; Walt
McNeill, Attorney for the Home Builders Association; Matt
Towery, of Towery Homes; Doug Hunter, Vice-President of
McMillan Homes; Terry Pledger, local contractor; and Greg
Velasquez, local contractor, spoke in opposition to the staff
recommendation.
No one spoke in support of the staff recommendation.
Hearing closed at 8:07 p.m.
Councilmember Couch asked staff to bring back
information regarding the type of payment
arrangements that can be made if there was a Mello
Roos and multiple properties involved; if phasing
payment would be possible, and the feasibility of
placing the fee on the property tax bill.
RECESSED MEETING - 9:21 P.M.
RECONVENED MEETING - 9:28 P.M.
12. HEARINGS continued
Item 12.a. continued
Motion by Councilmember Carson to have a Special APPROVED
lunch time meeting on July 7, 2009, for Council action AB BENHAM
on the Transportation Impact Fee item only.
City Attorney Gennaro clarified for the record that the
Hearing portion of this item has been closed, and the
Special Meeting will be only for Council comment and
action.
13. REPORTS
None.
Bakersfield, California, June 24, 2009 - Page 8
14. DEFERRED BUSINESS ACTION TAKEN
a. Fiscal Year 2009-10 Budget
1. Resolution approving and adopting the City RES 081-09
of Bakersfield Operating and Capital
Improvement Budget.
2. Resolution approving and adopting the RES 082-09
Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution establishing the City of RES 083-09
Bakersfield appropriations limit.
City Manager Tandy gave an overview and introduced
Assistant City Manager Stinson, who gave a computer
presentation, with assistance from Finance Director Smith.
Motion by Vice-Mayor Scrivner to approve the APPROVED
Resolutions adopting the 2009-2009 Budget. AB BENHAM
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
City Clerk McCarthy announced for the record that
Councilmember Benham turned in a referral via the City
Attorney.
Councilmember Carson thanked staff and Council for the
new spray park, which opened today, at Saunders Park.
Councilmember Hanson asked staff to talk to the outside
firm that recently sent out the corrected bills for the
business tax license fee, regarding the costs involved in
mailing them out.
Councilmember Weir thanked staff for completing Paladino.
Councilmember Weir requested information on the
the costs involved in printing the Fire Report and
to rind a more cost-effective and efficient method of
disseminating this information.
Councilmember Weir referred the ideas received during
recent community meetings in his ward to the Planning
and Development Committee for implementation.
Bakersfield, California, June 24, 2009 - Page 9
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan reminded everyone that this
Sunday is the last free band concert at Beale Park, and it
will be a patriotic concert celebrating the Fourth of July.
In response to a question from Councilmember Sullivan,
Recreation and Parks Director Hoover advised that the City
has had to cancel all of the movies in the local
neighborhood parks on Friday evenings for the rest of the
year due to the rising costs of showing the movies and
having to pay royalty fees to companies that supply the
movies; however, the movies at the Bright House
Amphitheater and the Park at River Walk will continue
throughout the summer.
Councilmember Sullivan congratulated the top students and
thanked Mayor Hall for the presentation and City Clerk Staff
for the nice reception.
Councilmember Sullivan asked Code Enforcement staff
to check on a vacant house in her ward that has an
abandoned backyard pool in need of attention.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:03 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield